H.R.944 - Access to Counsel Act (119th Congress)
Summary
H.R. 944, the Access to Counsel Act, seeks to ensure that individuals held or detained at U.S. ports of entry or facilities overseen by Customs and Border Protection have the right to consult with legal counsel and interested parties. The bill amends Section 235 of the Immigration and Nationality Act to provide a meaningful opportunity for consultation, including via telephone, within one hour of the commencement of secondary inspection. It also allows counsel and interested parties to advocate on behalf of the detained individual.
Special provisions are included for lawful permanent residents, requiring that they be given the opportunity to seek legal advice before signing Form I-407 (Record of Abandonment of Lawful Permanent Resident Status), unless they knowingly and voluntarily waive this right in writing. The Act defines 'counsel,' 'covered individual,' and 'interested party' to clarify the scope of the rights being established.
The Act includes a savings provision clarifying that it does not limit existing rights to counsel under other provisions of law.
Expected Effects
The primary effect of this bill would be to formalize and expand access to legal counsel for individuals undergoing inspection at ports of entry. This could lead to more informed decisions by those detained and potentially reduce instances of rights violations or misapplication of immigration laws. It also aims to provide additional safeguards for lawful permanent residents facing potential abandonment of their status.
This bill may also increase the workload for CBP officials, as they will be required to facilitate access to counsel and accommodate in-person appearances where practicable. The 180-day effective date suggests a period for preparation and implementation of the new procedures.
Potential Benefits
- Protection of Rights: Ensures individuals have access to legal counsel during inspection processes, safeguarding their rights.
- Informed Decision-Making: Allows individuals to make informed decisions regarding their immigration status and legal options.
- Fairness and Transparency: Promotes fairness and transparency in immigration enforcement by providing a check on potential abuses of power.
- Reduced Legal Challenges: May reduce legal challenges and appeals by ensuring due process is followed from the outset.
- Support for Vulnerable Individuals: Provides specific protections for lawful permanent residents, preventing potential coercion into abandoning their status.
Potential Disadvantages
- Increased Processing Times: May increase processing times at ports of entry due to the requirement to facilitate access to counsel.
- Administrative Burden: Places an additional administrative burden on Customs and Border Protection (CBP) to accommodate counsel and interested parties.
- Potential for Abuse: Could be exploited by individuals seeking to delay or obstruct immigration enforcement.
- Cost Implications: May require additional resources for CBP to implement and manage the new procedures.
- Interpretation Challenges: The definition of 'interested party' could lead to interpretation challenges and potential disputes.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with constitutional principles related to due process and the right to counsel, although these rights are not explicitly guaranteed in immigration proceedings for all individuals. The Fifth Amendment guarantees due process, which could be interpreted to support the right to legal consultation, especially when an individual's status or freedom is at stake.
While the Sixth Amendment guarantees the right to counsel in criminal cases, this bill extends a similar, though not identical, right to certain individuals in civil immigration processes. The bill does not appear to infringe on any specific constitutional provision and aims to provide additional procedural safeguards.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).